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Pre action protocol and New application ILR(LR)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EEA-route section for queries about the EEA-route settled status under Appendix EU (EU settlement scheme)

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imran1234
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Posts: 6
Joined: Thu May 12, 2016 1:03 pm

Pre action protocol and New application ILR(LR)

Post by imran1234 » Sat Jul 02, 2016 12:27 pm

Hi,

I was refused on tax issues Tier 1 (General).AR decision has kept the refusal decision under 19 (i) and (J) but have withdrawn 322(5). Now i am also eligible for 10 year Long residency with in 28 days over staying grace period. I received AR decision on Thursday 28th June. Monday 4th July is the Last day if i have to apply for ILR (LR), which i think i should apply.

My question, can i go for PAP for Tier 1 (General) application and at the same time apply under ILR (LR) by Post on Monday 4th July?

Any Information on this please?

Thanks.

Imran

teddy0409
Member
Posts: 159
Joined: Thu Mar 03, 2011 10:54 am

Re: Pre action protocol and New application ILR(LR)

Post by teddy0409 » Sat Jul 02, 2016 12:53 pm

Dear Imran,
Sorry to hear about your refusal,
You could not have Judicial challange and a fresh application side by side, I beleive As soon as you putforward your new application your JR might become invalid, Hope some seniors could clarify this.
Could you able to clarify more about what other than 322(5) your application got refused, such as other 322 categories?
You seek legal advice immediately as you are having 10 year route which have higher chance for Appeal rights and you could retain your 3c work rights as well,
Unless you see a strong winning point in your current refusal, It is advisable not to go wih JR route because once you submitt Pre action protocol you will loose 3c rights,If the outcome is in your favour either after sending PAP or in JR, your overstay will become legalised stay,
Hope other senior members could shed some advice for you as you have to take a quick decision,
If you decide to apply by post please make sure you send through a immigration solicitor so that they could ensure that previous application mistakes are not happening again,
Kind Regards,
Anan
If Not We, Then Who?

Obie
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Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Pre action protocol and New application ILR(LR)

Post by Obie » Sat Jul 02, 2016 1:17 pm

I believe the last post is totally unsound.

You can go for JR and Set (LR) at the same time, provided of course you do qualify.

Unless they continue to maintain 322 (5), you may have to think about the sensibility of pursuing the PBS ILR JR, when you may have qualified on another route.
Smooth seas do not make skilful sailors

imran1234
Newly Registered
Posts: 6
Joined: Thu May 12, 2016 1:03 pm

Re: Pre action protocol and New application ILR(LR)

Post by imran1234 » Sat Jul 02, 2016 1:40 pm

Obie wrote:I believe the last post is totally unsound.

You can go for JR and Set (LR) at the same time, provided of course you do qualify.

Unless they continue to maintain 322 (5), you may have to think about the sensibility of pursuing the PBS ILR JR, when you may have qualified on another route.
Thanks Obie,

Just to have the right of 3 c. i am going to apply for ILR (LR).

Initially i was refused 322(5) and 19 (i) (j). But now 322(5) has been withdrawn, and only refusal under 19 (i) and (j).

My solicitor advised to go for PAP as they have refused only on 19 (i) and (j). But i am thinking as deception has been withdrawn, I can have better chance in ILR (LR) and right of appeal in worse case.

I am not thinking to go for JR straight way, but only thinking to go for PAP now to see the outcome as they will reply within 14 days. I am hoping Positive reply in PAP but 10 year route will not be available after 4th July. If PAP positive i will withdraw ILR (LR) application?

Thanks

ddiva
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Posts: 21
Joined: Sun Mar 27, 2016 6:18 am

Re: Pre action protocol and New application ILR(LR)

Post by ddiva » Sun Jul 03, 2016 7:58 pm

It is good that you have the option of ilr lr imran1234.
why is ilr lr not available after the 4th of July. I was wondering what ur rational behind applying on the 4th of July if you only recieved AR refusal on the 28th of June

TechBro
Newbie
Posts: 34
Joined: Mon Feb 01, 2016 12:26 pm

Re: Pre action protocol and New application ILR(LR)

Post by TechBro » Sun Jul 17, 2016 11:00 pm

Dear ddiva,

After 4th of July he will be out of 28 days of overstayer and his LR option will not be available anymore. you can only apply within 28 days of refusal. If you received refusal in Administration Review (AR), then it should be within 28 days of AR.

@Imran: Do let us know, which route you selected. Did you applied for LR or applied for LR at the end?

Thanks

ddiva
Newly Registered
Posts: 21
Joined: Sun Mar 27, 2016 6:18 am

Re: Pre action protocol and New application ILR(LR)

Post by ddiva » Mon Jul 18, 2016 11:05 am

Thanks tech bro. He said he recieved AR decision on the 28th of June so i thought he still has some time in July before applying. After AR refusal i understand you have 14 days to reapply .

TechBro
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Posts: 34
Joined: Mon Feb 01, 2016 12:26 pm

Re: Pre action protocol and New application ILR(LR)

Post by TechBro » Mon Jul 18, 2016 1:20 pm

Where it is mentioned that you will have to apply within 14 days after refusal. It is 28 days after you become overstayer. And when your AR is refused then after two days of overstayer time starts. You then need count 28 days after your AR refusal.

thiruuk
Junior Member
Posts: 51
Joined: Sat Jan 08, 2011 7:16 pm

Re: Pre action protocol and New application ILR(LR)

Post by thiruuk » Mon Jul 18, 2016 2:17 pm

Obie wrote:I believe the last post is totally unsound.

You can go for JR and Set (LR) at the same time, provided of course you do qualify.

Unless they continue to maintain 322 (5), you may have to think about the sensibility of pursuing the PBS ILR JR, when you may have qualified on another route.
Hi Obie! My visa expired on 19 th June. Still waiting for the out come. In the mean time by end of August I'm eligible for 10 years.i want to go to flr(LR) not set(LR). Is going to be any issue with 322 if I get one on my current application. So that I can Battle my 322(5) with court by obtaining visa through flr(LR) which is 2years.

Plz note it's FLr(LR)....just thinking About getting ready for worst case scenario.
tHiRu

monty87
Member
Posts: 103
Joined: Thu Jun 02, 2016 10:05 am

Re: Pre action protocol and New application ILR(LR)

Post by monty87 » Mon Jul 18, 2016 4:41 pm

thiruuk wrote:
Plz note it's FLr(LR)....just thinking About getting ready for worst case scenario.
You can only apply for FLR(LR) if you have already spent 10 years. You can apply for FLR(O) or FLR(FP) by post and then vary it by the time you qualify for SET(LR).

thiruuk
Junior Member
Posts: 51
Joined: Sat Jan 08, 2011 7:16 pm

Re: Pre action protocol and New application ILR(LR)

Post by thiruuk » Mon Jul 18, 2016 4:54 pm

monty87 wrote:
thiruuk wrote:
Plz note it's FLr(LR)....just thinking About getting ready for worst case scenario.
You can only apply for FLR(LR) if you have already spent 10 years. You can apply for FLR(O) or FLR(FP) by post and then vary it by the time you qualify for SET(LR).
.......why should not go for flr(LR)--- I do not want to upgrade. Please note my application is stiil in the process not refused.

......so I can apply Flr(LR) if suppose I get refusal on august . Again I do not want to go for set(LR) for sure I will get refusal again by 322 then need to go for pap,JR. Instead of that if I get FLR(LR) I can continue my legal battle on 322(5).
tHiRu

monty87
Member
Posts: 103
Joined: Thu Jun 02, 2016 10:05 am

Re: Pre action protocol and New application ILR(LR)

Post by monty87 » Mon Jul 18, 2016 4:59 pm

thiruuk wrote:
monty87 wrote:
thiruuk wrote:
Please note my application is stiil in the process not refused.
This is what happens when you start to discuss your own immigration issue in someone else's thread.

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